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Probation clause could not be relied on where employment offer rescinded

Jurisdiction: - British Columbia
Sector: - Media

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the BC Supreme Court ruled that a defendant could not rely on a probation clause to justify early termination where the offer of employment was rescinded after the contract was entered into, but before the official first day of employment. The court found that the probation clause had not yet taken effect as employment had not started. Additionally, there was no means for the employer to have assessed the employee’s performance and terminated them for lack of suitability. The court awarded the plaintiff damages of six weeks’ salary. 

Saskatchewan Court of Appeal overturns trial judge, allows dismissal for just cause based on incompetence

Jurisdiction: - Saskatchewan
Sector: - Media

In Radio CJVR Ltd. v. Schutte, 2009 SKCA 92, the Saskatchewan Court of Appeal, in  overturning the trial judge's decision, ruled that the employer had just cause to dismiss an employee who was the program director, music director and on-air morning show co-host for a newly formatted AM station.

In doing so, the court recited the test that will be applied when assessing whether an employer had just cause to dismiss an employee based on incompetence:

  1. the employer must provide reasonable objective standards of performance for the employee in a clear and understandable manner; 
  2. the employee must have failed to meet the employer's reasonable standard of performance;
  3. the employer must give the employee a clear and unequivocal warning that she or he has failed to meet the requisite standard, including particulars of the specific deficiency relied on by the employer; and
  4. the warning must clearly indicate that the employee will be dismissed if he or she fails to meet the requisite standard within a reasonable time.

Arbitrator upholds 3-day suspension for local union president who copied business records without permission

Jurisdiction: - Ontario
Sector: - Media - Unions

North Bay Newspaper Guild v. North Bay Nugget, [2005] O.L.A.A. No. 476 (QL) (Luborsky)